The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1887-08-04

sAono Jufys VI tuo iuAtuto " VIZ ~ ene |
Jury to perform it's duties In regard to
these indictments. There vas some
excitement between the parties, and
the court thought it proper to inquire
and sss what the difficulty was. The
OF the grand jury stated In
answer ITO 4 questions asked by the
court what tbs difficulty wasl-that 1
the attorney general declared 1t was
ihs duty OF the grand jury to find GER
tain indictments. l inquired OF the
foreman whether the indictments had
been properly sent in to tbs grand
Jury. He stated that they had.
asked him II there was Sufficient evil
dence brought before the grand jury
to satisfy the grand jury that the par.
ties proposed to DC indicted had
offended under the law. He eaid yes,
the evidence was sufficient. But they
regarded II a, their prerogative to find
Indictments or not, at their pleasure.
I said to him: "sir, don't think you
gentlemen Il the grand jury compre.
bend toe meiuiog OF your oaths.
don't think You are ft men to dis
chargs the duty Cf grand jurymen 10
this county. i will excuse You from
further service upon the grand jury,
and relegate you to the petit Jury
box" / took from the original panel
tha first names there, II my recoilec'
ton serves me right, without any re-
gard 20 picking them. There were
ten, think, aod l ordered them for.
ward and had them sworn. These
men went down into the grand jury
room, and In q reasonable tune, / cont
remember now when-but short time
thereafter--they brought 10 these in
indictments. simply charged them
again es to the law bearing upon
and touching these questions, and left
them at their leisure to act as their
conscisnces might dictate ;and they re-
turned the Indictments into court as
80 msny ,rue bills found. That wac
the history cf the luther jury. The
only matter that csmo before the
grand jury touching the ofbciel con.
duct OF the city officials, was little
memorandum writ, n by Mr.. Fogar,y,
II call mis- name because 1t has been
published 90 often an over Jealous,
hard listed mao OF toll, who believed Ia
the question OF reform. He wrote that
little memorandum OF statements
a. to the city government, IL was
written on yellow piece OF paper as
l now recollect, and II looked very
dirty. / did not have time to read 1t,
because IL wasto badly written that i
could NOT make 1t out very we'll, and
like good many papers given to me
l stuck II into nv pocket. In two or
three days Mr.. Fogarly met ms and
was very anxious to know what bad
done with bis paper. / told him had
forgotten IL. He approached me two
or three times about II. / was quite
busy about the. court; and ss ne 30
often approached me about II one
day called the f)remsn Of the grand
Jury to me. Said /, "Mr. Tu,her,
here 10 q paper more proper for the
grand Jury TO exsmine Into than me.
II has been placed In my hands" Mr..
luther looked at II and asked me
where II came from. said that Mr..
FoRsrty knew about the matter. He
knew nothing about the charges In the
paper, bat he could put him In posses
sion OF the names Of men who could
be summoned before tbs grand jdry
who would. Thsreupon he sent for
Mr.. Fogsrty and, as l understood ex.
amined him. never heard anything
more about the matter for
long time Afterwards, till
the giand jury Of which Mr.
luther was foreman, was discharged.
Mr.. Foga'ty came into the court
several times and asked me II / would
return lin that paper. / said 10 him
Il wa, In the hands OF the foreman,
but would send for him / sent for
Mr.. Tutner, and said: II want q re-
turn Of that little paper that I gave
You In which Foearty gave me the
memo andum." H. handed II 10 me,
and / handed II ~ Foearty. That was
40 I n a. that went In the original In.
vestigation with that graad jury. Taat
10 oil there Ia In II.
Did this court contemplate an In.
vsstigation OF city AFFAIR."? Ihrmly
) did 80, and l intend 10 invss'igate
. them right down to the stump. D1n'i
be fearful about that. gentlemen. II
IL my sworn duty 40 judge 10 see that
7 the laws are enforcvd-not only "a
charge my grand jury the law. but aid
them In every poaibls way In theii
investigations, by any counsel what.
ever. Il 10 true, che attorney general
! by Law Ia designated more particularly
: the legal adviser Of the graud Jury. l
: understand that to be the statute
: Bat the Judge is not mere figure
: head, gentlemen. Excuse me. III,
. has supervision and control Of the en-
Y tire business Of the uri. he Ia the
z party TO SEQ that every officer Of tbs
. court performs his duty. IL was only
: being the head OF the business OF tn,
oouri, and the great difficulties tina
o lay in the way OF the court, tina
induced me 10 take any interest what
J. ever In the Investigation Of the city
4 al ,irs.
Q The gentleman .-ade very broad
q assertion Yesterday. Geo. Wright sale
9 II he could get rid Of this judge-th,
I JUICE In the person Of my,eli upor
J, the bepoh-he was willing TO take AMI
= other judge, Withdraw his dilatory
!. pleas, plead not guilty and 20 10 tria
o noon the merits OF the case. Well
y now, I am surprised that q member o
70 the bar should make that assertion
!, Q gentleman who has practieed Law
!. before me for the last ten months
N Aud yet, sentlemeo, take II a. com
.. plimsnt. I receive II a. the highes
|. compliment tina, has ever been p.i'
II me. The gentlemen certainly has
" some reason for that. He says IL 10 Of
10 account Of my prejudice against tn
70 defendant Hidden. Well, nov gen
u tlemen. / am z ling 10 ask you q ques
10 iion right there. i think, gentlemen
y I hsvs had some little experience o.
" this bench, and have AIMS It'll
y kno slsdge Of my duty as Judge.
~ want 700 20 inform me as judge ho'
10 Il is that have Il In my poser 10 ire.
9, any man charged With a felony wit
injustice-with Injustice. Iniorm m,
0 II You plesse, how the trial Judge ca
u treat any defendant charged with 70
Q. ony with injustice. He Ia ~ pow
J. erleaa m any other citizen In the con
IL murity. The only power We exercis
Of Il that put into our hands by the lav
. We must pursue the law strict,
10 q hersise our actions are void aud (